03.01 City Council VacancyAGENDA ITEM
'N January 22,, 2019
TO:: Honorable Mayor and Members of the City Council
THRU: Rick Otto, City Manager
1. : SUBJECT
Discussion regarding City Council vacancy.
2. SUMMARY
The City Council, seat: held by Mark. A. Murphy is now vacant with Councilmember
Murphys swearing in to the office of Mayor. The City Council must now decide how to fill
this vacancy for the remainder of this.seat's term,: which expires in November 2020..At
the conclusion of the deliberations on this topic at the.January 8, 2019. meeting, the City
Council called for an Adjourned Regular Meeting to be conducted on January 22, 2019
to allow additional time;for due' diligence and subsequent deliberations..
3. RECOMMENDED ACTION
Provide direction regarding the,filling of the vacant City Council seat. Options include:
1. Appoint a qualified individual to fill the vacancy for the remainder of the term;
-or
2. Calf for a Special Election and direct staff to prepare the appropriate
Resolutions; or
3. Conduct a 'second Special Meeting prior to February 9, 2019 to deliberate
further on the matter.
4. FISCAL IMPACT
If Council calls for a Special Election, the estimated cost to conduct a Special. Election is
between $427,000 to $472,000.
5. STRATEGIC PLAN GOALS
Goal 1: Be a fiscally healthy community
b: Expand fiscal resources responsibly.
ITEMS • I 01/22/2019
6. DISCUSSION AND BACKGROUND
With the swearing in of Mark A. Murphy as Mayor on December 11, 2018, by operation
of law his Council seat has become vacant. Government Code Section 36512 governs
the options the City Council has in filling this elected position. The City Council is given
two choices, (1) appoint someone, or (2) call a special election. If Council wishes to
appoint, it must be done within 60 days of the vacancy, which is no later than February 9,
2019. If there is no appointment within 60 days, then the position must be filled by Special
Election on the next regularly established election date, which by statute would be
November 5, 2019. The cost estimate for a Special Election as provided by the Registrar
of Voters is between $427,000 and $472,000. Regardless of filling the position through
appointment or Special Election, the new Council member would serve the remainder of
the term that will end in December 2020.
While the state Government Code mandates certain aspects of City Council vacancies
as noted above, it does not regulate or provide guidance for the process of appointments.
Although the Council has not made a determination whether to appoint or call for a Special
Election, City staff initiated a possible appointment process. As such, . starting on
December 17, 2018, notice was placed on the City's website and other social media
advising of the City Council vacancy. Those interested in the vacant City Council position
were invited to submit an application to the City Clerk's office. Again, by receiving
applications, there is no presumption that the City Council will appoint versus call for a
Special Election. By January 8, 2019, the City received a total of 20 applications.
At their Regular meeting of January 8th, the City Council listened to public comment and
deliberated on the vacancy. At the conclusion of the discussion, the City Council called
for an Adjourned Regular Meeting to be scheduled for January 22, 2019 so that each
Councilmember would have additional time to conduct further due diligence on the
applicants. Also during the deliberations on January 8th, the City Council directed staff to
close the application period immediately. Therefore, no additional applications have been
received.
As the City Council deliberates on the disposition of the vacancy at this meeting, the
following actions are available:
1. Appoint a qualified individual to fill the vacancy for the remainder of the term;
or
2. Call for a Special Election and direct staff to prepare the appropriate
Resolutions; or
3. Conduct a second Special Meeting prior to February 9, 2019 to deliberate
further on the matter.
7. ATTACHMENT
• List of Applicants for vacant City Council seat
ITEM 2 01/22/2019
i
Attachment 1
Applicants for vacant City Council seat
Received by January 8, 2019
John Aust
Robert Baca
Arianna Barrios
Connie Benson
Zachary Collins
Douglas Cohen
Jonathan Dumitru
Michael Eagan
Adrienne Gladson
Ernest Glasgow
Windy Horton
Adnan Maiah
Mark Moore
Robert Roman
John Russo
Corey Schulz
Betty Valencia
Christian Vaughan
Doug Vogel
Brett Wyland